Man jailed five years for rape freed after girl says she lied
Risks jailJustice Muriithi, however, left the matter up to Director of Public Prosecutions Noordin Haji. “The complainant, on her admission before this court, lied in her testimony before the trial court, and in terms of section 19 (2) of the Oaths and Statutory Declarations Act committed an offence. The matter shall be reported to the DPP who, in exercise of the State’s prosecutorial powers under Article 157 of the Constitution, shall consider in his discretion whether to prosecute the complainant in this case who admitted to have lied as a minor before the trial court,” the judge ruled. She now risks two years in jail and a fine of Sh2,000, or both, according to the law governing oaths and testimonies before a judge or magistrate. The DPP did not oppose the girl’s desires to have her uncle set free. The mother pleaded with the court to release her brother. She said she was not aware that her daughter had fabricated lies against her uncle. She neither attended nor testified in the case. “The child told me later after AJC had been sentenced to 20 years in jail that her claim was not true,” she said. The court heard that the girl decided to come clean to free herself from the guilt that has been tormenting. She told the judge in her letter that no one had induced her to retract her testimony. It emerged that the teen had also tried to reach out to her uncle while in jail. She sent a friend to tell him that she regretted that he was arrested for an offence he never committed. Her friend named as MJ also testified in court, saying that she knew that her uncle had been fixed from the time the case was heard by the magistrate’s court. Justice Muriithi acquitted the man and ordered his immediate release. “The appellant shall be acquitted of the charge of defilement contrary to section 8 (1) and 8 (3) of the Sexual Offences Act and the sentence of imprisonment for 20 years is set side,” the judge ruled.
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